No. 19-598

Joy Spurr v. Melissa L. Pope, Chief Judge, Tribal Court of the Nottawaseppi Huron Band of Potawatomi, et al.

Lower Court: Sixth Circuit
Docketed: 2019-11-07
Status: Denied
Type: Paid
Tags: civil-procedure due-process federal-jurisdiction jurisdiction non-tribal-member personal-protection-order sovereign-immunity tribal-sovereignty violence-against-women violence-against-women-act
Key Terms:
DueProcess Securities Jurisdiction
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether a tribe can invoke sovereign immunity to end a federal case challenging the tribe's jurisdiction over a non-tribal member

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW A member of an Indian tribe filed a petition in tribal court for an ex parte personal protection order against “stalking” by a nontribal member. The petition was granted by the tribal court. The nontribal member later sued in federal court claiming that her conduct was not “stalking” and that the tribal court lacked jurisdiction. The tribe moved to dismiss the federal case on the grounds that it had sovereign immunity, and the Sixth Circuit ruled in favor of the tribe. The questions presented are: 1. Suppose a nontribal member is sued in a court of an Indian Tribe, and later sues in federal court claiming that the tribal court lacked jurisdiction. Can the Tribe end the federal case by invoking sovereign immunity? and 2. Does an Indian Tribe have jurisdiction to issue and enforce a personal protection order against a nonTribal member who has none of the ties to the Tribe required by Section 1304 of the Violence Against Women Reauthorization Act?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-09
Brief of respondents Melissa L. Pope, et al. in opposition filed.
2019-11-05
Petition for a writ of certiorari filed. (Response due December 9, 2019)

Attorneys

Joy Spurr
Stephen Josiah SpurrAttorney at Law, Petitioner
Stephen Josiah SpurrAttorney at Law, Petitioner
Melissa L. Pope, et al.
David Angelo GiampetroniKanji & Katzen, PLLC, Respondent
David Angelo GiampetroniKanji & Katzen, PLLC, Respondent